Practice in Judicial Reorganization and Insolvency
Judicial reorganizations, out-of-court reorganizations and bankruptcies are collective proceedings governed by Brazilian Law 11,101/2005, in which the decisions that matter most depend on an accurate reading of the debtor's economic and financial position.
Context of application
Creditors need to understand whether the plan is internally consistent and how their claims are classified; the debtor needs to demonstrate viability and keep its information in order; the court needs reliable data on which to decide. Each of these positions creates its own demand for independent technical analysis.
When this analysis is needed
- A judicial reorganization petition accompanied by a preliminary expert examination ordered by the court.
- Claim admissions, discrepancies and objections to claims.
- Valuation of assets for sale or for use as collateral.
- Creditors' analysis of the reorganization plan.
- Bankruptcy proceedings requiring the determination of the estate and the review of pre-bankruptcy transactions.
Questions typically analyzed
- Preliminary expert examination and economic and financial analysis.
- Verification of claims, and the resolution of discrepancies and objections.
- Asset valuation.
- Insolvency analysis.
- Liquidation of companies.
How SGEx Approaches This
SGEx acts according to the position of the party that retains or appoints it: it organizes the debtor's information, examines claims, values assets, and prepares reports that make it possible to compare the plan against the documented financial reality.
SGEx does not provide legal advice. Its contribution is technical: organizing the economic, financial, accounting and asset-related facts so that lawyers, companies and parties can understand the substantive dimension of the controversy.
Possible Work and Deliverables
The format is defined according to the case, the proceeding and the purpose of the work.
- Preliminary expert report
- Opinion on claims
- Asset valuation report
- Technical analysis of the reorganization plan
- Reports for use in the proceeding
Related Experience
Other SGEx Solutions
Services, specialties, contexts and industries connected to this topic under SGEx's relationship matrix.
Related Services
- Court-Appointed Expert ExaminationsAccounting, economic and financial expert examinations conducted under court appointment, with a technical report and responses to clarifications.
- Judicial AdministrationOrganization, examination and communication of economic, financial, accounting and asset-related information within the scope of a court appointment.
- Accounting Expert ExaminationIndependent expert examination of accounting records, financial statements and calculations, prepared for judicial, arbitral and administrative proceedings.
- Business and Asset ValuationValuation of companies, ownership interests and assets for disputes, corporate transactions, succession matters and court proceedings.
- Banking Expert ServicesTechnical examination of contracts, statements and calculations in banking transactions, to determine charges, balances and amounts paid.
- Court Calculations and Accounting SupportPreparation, review and challenge of court calculations for law firms, companies and organisations, with validation technology and high-volume production.
Related Specialties
Related Areas of Practice
- Corporate and Shareholder DisputesDisputes among shareholders, partners and officers, corporate dissolutions, buyout claims and disagreements over financial results.
- Civil and Contract DisputesNonperformance, termination, contract revision and civil liability claims in which the controversy turns on monetary values and calculations.
- Wealth, Family and Succession MattersDivorce settlements, probate proceedings and marital disputes that call for the determination, valuation and tracing of assets.
Related Industries
- Financial and Capital MarketsFinancial institutions, investment funds, investors and publicly listed companies involved in disputes, valuations and financial reviews.
- Industry, Manufacturing and Consumer GoodsManufacturers and consumer-goods producers involved in valuations, and in commercial, tax and corporate disputes.
- AgribusinessProducers, cooperatives, trading companies and agro-industrial businesses involved in valuations, succession matters and judicial reorganization.
- Hospitality and Real EstateHotels, real estate developments and property assets involved in valuations, corporate disputes and insolvency.
Request an Analysis
Describe the technical question, the context in which it arose, and the documents available. This information lets SGEx assess the scope of the work before any proposal.